RESTITUTION: $13,495 to repair damage to rental property from bullet that passed through deceased and into walls and bookcase not supported, remanded for proper determination… Abbott reversed (memorandum). [Read more…]
Sentencing, 780/651 days additional time served credit
SENTENCING: Defendant entitled to additional 780 days served credit in one concurrent case and 651 in the other upon revocations… Harris reversed… orders. [Read more…]
No jurisdiction to appoint GAL for disabled child
Court lacks jurisdiction to appoint GAL for disabled child… Bruner. [Read more…]
Settlements
Plan II
Lucas Salois, killed in course & scope near Saco 8/17/21, Benchmark accepted liability and has been paying death benefits to his minor child through his mother Tanaya Manahan, the parties wish to resolve the death benefits claim by an annuity and lump sum attorney fee, Benchmark shall purchase an annuity for $217,130 with a total payout of $306,894.42 at $1,649.98/mo for 15-1/2 years and $54,282 attorney fees, stipulated judgment; Thomas Murphy for Manahan, Joe Maynard for Benchmark Ins. [Read more…]
Water, co-equal appropriators, percent v. flow rate
WATER: Decree involving co-equal appropriators properly enforced by District Court in percent shares rather than flow rates during shortages… attorney fees properly denied for inability to ascertain a prevailing party… Jones affirmed. [Read more…]
Parenting, wife’s inability to move due to husband
PARENTING: Change in circumstances for amending parenting plan not met by wife’s inability to move with children to California as contemplated when her inability to move was due to husband’s failure to make payments… Christopher affirmed (memorandum). [Read more…]
Municipal Court speedy trial, COVID delay
MUNICIPAL COURT SPEEDY TRIAL: COVID a legally sufficient reason to delay protective order trial 2 days beyond statutory deadline… Bolstad/Parker affirmed. [Read more…]
Will, video “intended as will”
WILL: Video does not constitute a “document or writing upon a document” per §72-2-523, not valid as an “intended will”… Wald. [Read more…]
Protective search, shotgun next to driver
PROTECTIVE SEARCH reasonable when officer saw subject of noise complaint at 2 a.m. sitting in vehicle with shotgun next to him… unloading the gun before allowing Defendant to return to his car evolved into sawed-off shotgun charge… motion to suppress properly denied… Watters affirmed (memorandum). [Read more…]
Insurance, UTV crash, $1.6 million consent judgment
INSURANCE: Insurer failed to unequivocally demonstrate that UTV was not designed for operation principally on public roads and could never be a Covered Auto, now liable for $1.6 million consent judgment plus interest and attorney fees for failure to defend rollover injury claim rather than only $25,000 policy limit it would have risked had it filed declaratory action… Watters. [Read more…]
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